Condo owners seek $400K from association stemming from alleged code violations

Annie Cosby May 27, 2014, 12:35pm

A Cook County couple is suing a condominium association and property management company, claiming they delayed the restoration of their fire-damaged condo.

Sean and Lisa Walsh filed a lawsuit May 22 in the Cook County Circuit Court against 2626 Lakeview Condominium Association and Sudler and Company, doing business as Sudler Property Management.

According to the complaint, the couple's condo was destroyed by a fire Oct. 25, 2012, and the defendants informed the plaintiffs on Oct. 30, 2012 that their unit contained asbestos 20 times the legal safety limit.

The plaintiffs claim they contacted the defendants several times for a copy of their insurance policy, but asbestos remediation work had yet to commence. Shortly after, the suit states the association started electrical and framing work to repair fire damage, but that the work was later found to be incorrect and done without permit.

According to the complaint, the work was stopped due to code violations and the plaintiffs had to utilize their own general contractor to release the violations. The plaintiffs claim the association was slow to provide the documents necessary to complete work and refused to replace necessary and contaminated elements of the residence, rendering the couple unable to reside in the condo.

The defendants are accused of breach of fiduciary duty, constructive fraud, gross negligence and violation of the Chicago Condominium Ordinance.

The plaintiffs are seeking more than $400,000 in damages and are being represented in the case by attorney Michael B. Elman.

Cook County Circuit Court Case No. 2014L005482.

This is a report on a civil lawsuit filed in the Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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